FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Ethan Book, Jr.,
Complainant
against Docket
#FIC 95-189
Connecticut Resources
Recovery Authority,
Respondent April 24, 1996
The above-captioned matter was heard as a contested
case on March 25, 1996, at which time the complainant and the respondent
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint.
After consideration of the entire record, the
following facts are found and conclusions of law are reached:
1. The
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter
dated April 21, 1995, supplemented by letter dated May 22, 1995, the
complainant requested that the respondent provide him with:
(a) a
certified copy of the minutes of a CRRA board meeting held on April 16, 1985;
(b) certified
copies of two legal opinions referred to in the minutes of a CRRA board meeting
held on April 19, 1983, which indicate that CRRA has the authority to redevelop
a project in Bridgeport; and
(c) a
copy of the "Anderson Report" referred to in the minutes of a CRRA
board meeting held on April 19, 1983.
3. Under
cover letter dated April 24, 1995, the respondent provided the complainant with
a certified copy of the April 16, 1985 CRRA board meeting minutes, identified
in paragraph 2(a), above, but indicated that it would need additional time to
respond to the requests delineated in paragraphs 2(b) and 2(c), above, since
those documents were stored in an off-site archives location.
#FIC 95-189 Page
2
4. By letter
dated May 2, 1995, the respondent notified the complainant that it was unable
to locate either the requested legal opinions or the Anderson Report, described
more specifically in paragraphs 2(b) and 2(c), above.
5. Having
failed to receive all of the requested records, by letter dated June 2, 1995,
postmarked June 3, 1995 and filed June 5, 1995, the complainant appealed to the
Commission alleging that the respondent violated the Freedom of Information
("FOI") Act.
6. At the
hearing on this matter, the respondent made a motion to dismiss for lack of
jurisdiction, because the complainant's appeal was not filed or postmarked
within 30 days of the respondent's May 2, 1995 letter, described in paragraph
4, above.
7. The
undersigned hearing officer denied the respondent's motion to dismiss, finding
that the complainant's supplemental letter of request dated May 22, 1995, which
the respondent never acknowledged or responded to, was sufficient to confer
jurisdiction upon the Commission.
8. It is
found that prior to its May 2, 1995 response to the complainant, the
respondent: (1) thoroughly searched its
on-site and off-site office files for the requested records; and (2) contacted
two private attorneys who had served as general and bond counsel in 1985 to
determine if they had the written legal opinions sought by the complainant.
9. It is
found that the respondent does not maintain either the legal opinions or the
Anderson Report sought by the complainant, as identified in paragraphs 2(a) and
2(b), above; and was informed by the private attorneys contacted that the
requested legal opinions do not exist, and were most likely oral opinions.
10. It is concluded
that the respondent did not violate the FOI Act by failing to provide records
which it does not maintain, and which may never have existed.
11. At the
hearing on this matter, the respondent requested the imposition of a civil
penalty against the complainant for the filing of a frivolous appeal.
12. It is
found that the complainant's sole reason for proceeding with the hearing on
this matter was to question the respondent under oath concerning its replies to
his records request.
#FIC 95-189 Page
3
13. The
Commission, in its discretion, declines to schedule this matter for a further
hearing on whether a civil penalty should be imposed against the complainant.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The
complaint is hereby dismissed.
Approved by Order of the
Freedom of Information Commission at its regular meeting of April 24, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-189 Page
4
PURSUANT TO SECTION 4-180(c),
G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING
ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR
THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED
CASE ARE:
Ethan Book, Jr.
P.O. Box 1385
Fairfield, CT 06430
Connecticut Resources
Recovery Authority
c/o Carl R. Nasto, Esq.
179 Allyn Street
Hartford, CT 06103
Elizabeth A. Leifert
Acting Clerk of the Commission